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Navin (None)     18 May 2015

Ancestral property

Can a man gift or will his flat inherited from mother to his sister, nephew or niece even though his own wife, son and daughter are alive. He is a being brain washed and could be made to sign such a legal document by his sister under the influence of drug.

Will such a will, gift deed be acceptable under the law when his own children are there in the first line of inheritance

 
Inheritance from mother also falls under ancestral property


Learning

 7 Replies

karpagavallijagadeesh (lawyer)     18 May 2015

by brain wash and under the influence of drug means it 's a invalid will 

 

saravanan s (legal advisor)     18 May 2015

one can will or gift his self aquired property to anyone he likes.nobody can prevent him from doing that.but if you suspect it to be done through fraud or coercion you can challenge it in the court

H.JanakiManohar Rao (lawyer)     18 May 2015

It is correct that a person could gift his property to anyone.The coersion,drug influence or fruad should be proved.Anyhow you better approach the court of law.You may get justice.

Kumar Doab (FIN)     18 May 2015

Repeated Query:

 

https://www.lawyersclubindia.com/forum/Can-property-be-willed-to-sister-even-if-wife-son-daughter-e-121220.asp#.VVoRT1J-hkg

 

Dr J C Vashista (Advocate)     19 May 2015

What was advised in your previous thread of this query? What is the purpose of repeating same query? 

Are you not satisfied with the reply of experts? If yes, seek professional services of a local lawyer. 

T. Kalaiselvan, Advocate (Advocate)     19 May 2015

First place this is not ancestral property instead it become his absolute and own property, which can be disposed by him in any manner he wishes to do so, neither his wife nor children have any right tom restrain him or claim any right of share in that property.  However, if the transfer by gift deed or settlement deed is alleged to have been made under suspicious circumstances, it can be challenged but during his lifetime others cannot do it. 

Biswanath Roy (Advocate)     01 June 2015

No he cannot, unless he specifically mentions in his will or gift deed why he is depriving his wife and children from the property.


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